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The City will advise each driver who has engaged in conduct prohibited by federal law or who <br />has a positive alcohol or controlled substance test of the resources available to the driver, in <br />evaluating and resolving problems associated with the misuse of alcohol and use of a controlled <br />substance, including the names, addresses, and telephone numbers of Substance Abuse <br />Professionals and counseling and treatment programs. The City will provide this SAP listing in <br />writing at no cost to the driver. <br />Discipline <br />The City reserves the right to impose whatever discipline the City deems appropriate in its sole <br />discretion, up to and including termination for a first occurrence, against drivers who violate <br />applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and <br />collective bargaining agreements. Except as otherwise required by law, the City is not obligated <br />to reinstate or requalify such drivers following a first positive confuiued controlled substance or <br />alcohol test result. <br />Evaluation, and Return to Duty Testing <br />Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited by <br />federal law and/or who had a positive alcohol or controlled substance test, the driver must <br />undergo a SAP evaluation, participate in any prescribed education/treatment, and successfully <br />complete return -to -duty alcohol test with a result indicating an alcohol concentration of less than <br />0.02 and/or or a controlled substance test with a verified negative result, before the driver returns <br />to duty requiring the performance of a safety -sensitive function. The SAP will determine what <br />assistance, if any, the driver needs in resolving problems associated with alcohol misuse and <br />controlled substance use and will ensure the driver properly follows any rehabilitation program <br />and submits to unannounced follow-up alcohol and controlled substance testing. <br />Follow -Up Testing <br />If the driver passes the return -to -duty test, they will be subject to unannounced follow-up alcohol <br />and/or controlled substance testing. The number and frequency for such follow-up testing will be <br />as directed by the SAP and will consist of at least six tests in the first twelve months. These tests <br />will be conducted under direct observation. <br />Refusal to Test <br />All drivers and applicants have the right to refuse to take a required alcohol and/or controlled <br />substance test. If an employee refuses to undergo testing, the employee will be considered to <br />have tested positive and may be subject to disciplinary action, up to and including termination. <br />Refer to Refusing to Test provided earlier in this policy. <br />Responsibility for Cost of Evaluation and Rehabilitation <br />Drivers will be responsible for paying the cost of evaluation and rehabilitation (including <br />services provided by a Substance Abuse Professional) recommended or required by the City or <br />FMCSA or DOT rules, except to the extent that such expense is covered by an applicable <br />employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. <br />Reporting to the FMCSA's CDL Drug and Alcohol Clearinghouse <br />109 <br />